EU Asylum law

 Elements of the definition (article 1, A (2))

1. Person outside of the country of origin (foreigner)

2. Act of persecution (serious harm)

3. Well-founded fear (real risk)

4. Reason for persecution (list of 5 criteria)

5. Causal link

6. Absence of protection by country of origin

when persecutin starts, while you're already in the other country. 

Could be problematic with causality, but tribunals say its ok

• threat to life or freedom on account of one of the 5 reasons is always persecution

• Other serious violations of human rights

•  Persecution still effective and up-to-date?

Accountability theory (state agents) vs. protection theory (non-state

actors, if the state is unwilling or unable to provide protection) 

Apply protection theory, also non state actors who persecute

1. Race

2. Religion

3. Nationality

4. Membership of a particular social group

5. Political opinion

1. Protected characteristics approach: group is united by an immutable

   characteristic or by a characteristic that is so fundamental to human

   dignity that a person should not be compelled to forsake it

2. Social perception approach: group shares a common characteristic

   which makes them a cognizable group or sets them apart from society at large

• situation in each of the countries must be examined (as these persons can avail themselves of the protection of another country)

•  D – Persons already receiving UN protection or assistance (examples: UNKRAKorea, UNWRAPalestine)

•  E – Persons who are not in need of international protection (person has taken residence in the country and enjoys same rights as nationals)

•  F – Persons that are considered not to be deserving of international protection (unworthy persons)

Crimes against peace, war crime or crimes against humanity (international instruments, e.g. Rome Statute of the International Criminal Court)

Common crimesprotection of the population of the host country

Acts contrary to the purposes and principles of the United Nations (Preamble, art. 1, 2 United Nations Charter – position of power of the person?)